Thus Spoke the General

Dr. Syed Nazir Gilani

The new Indian army chief General Bikram Singh during his two day visit to Jammu and Kashmir has asked troops to respect human rights and uphold law of land. According to defence spokesman General Singh visited the forward areas along the Line of Control (LoC) and while interacting with officers and troops, he stressed upon the secular and apolitical ethos of the Indian Army. General Singh's advice to troops to respect human rights and uphold law of land and his stress upon the secular and apolitical ethos of the Indian Army makes him an enlightened soldier. It does not however, reflect the full and higher discipline of duties that the Indian army has taken upon to discharge in Jammu and Kashmir.

It was on the morning of Wednesday 27 March 1996 that World Society of Victimology – WSV (Germany) and Jammu and Kashmir Council for Human Rights – JKCHR (United Kingdom), informed the delegates at the UN that the dead body of Jaleel Andrabi a Kashmiri lawyer who had attended the 47th Session of UN Sub Commission, On Prevention Of Discrimination And Protection Of Minorities, last year (1995) was found floating in the river Jhelum, near Raj Bagh - early that morning. He was arrested on the evening of 9 March 1996, while travelling with his family.

World Society of Victimology (WSV) and Jammu and Kashmir Council for Human Rights – (JKCHR) organised a Meeting, on Monday 1st April, from 4pm to 6pm, at Palais des Nations in Geneva, in Memory of the Human Rights activist, killed in custody. The author (as permanent representative of WSV to the UN) had hosted a dinner to Jaleel Andrabi and other Kashmiri delegates who were attending the 47th Session of UN Sub Commission, On Prevention of Discrimination and Protection of Minorities in 1995.

The alleged involvement of Major Avtar Singh in Jaleel Andrabi's custodial killing would remain a mystery. Avtar Singh has killed himself and his family. He has left behind a big question, when he told his immigration consultant for his asylum application in USA, that he did not kill Kashmiri activist Jaleel Andrabi, but knew who did. "I am being made a scapegoat," he said, adding that he would be killed if he returned to India. The latest revelation should cause a serious concern to us who defend the human rights in general and to the institution of army in particular.

As a start it should be made very clear that Jammu and Kashmir is not like any other State of India and the Indian army here has a special and defined role. Governor General of India on 27 October 1947 took action "to send troops of the Indian army to Kashmir to help Kashmiri forces to defend the territory and to protect the lives, property and honour of Kashmiri people". It is therefore a supplement to the Kashmir forces and remains subordinate to the State administration. The provisional agreement of the State of Jammu and Kashmir with the Union of India is consequent upon these duties of the Indian army and vice versa.

On 5 February 1948 at the 241st Meeting of the UN Security Council, Sheikh Mohammad Abdullah as part of the Indian delegation in his address on the question of Indian army stated that "The Prime Minister of India long ago declared that the Government of India has no intention of keeping its army permanently stationed in Kashmir. He stated, "We are there only as long as the country is in turmoil. Once law and order are established, once the marauders and the tribesmen leave the country we will withdraw our army". That pledge is already there."

In regard to the Pakistani objections on the role and influence of Indian army in Kashmir Sheikh further submitted that, "There need be no fear, since the Indian army is there, that this army will interfere in the exercise of a free vote. After all, a commission of the Security Council will be there in order to watch. The Indian army does not have to go into every village. It will be stationed at certain strategic points, so that in the event of danger from any border, the army will be there to protect that border. The army is there to curb disorders anywhere in the State; that is all. The army will not be in each and every village in order to watch each and every vote." (UN SC official record Nos. 16-35, 5 February–2 March 1948).

India as a member nation of UN has submitted itself to an international discipline for its armies in Jammu and Kashmir. There is a strict discipline in regard to the behaviour, number, and location of Indian troops in Kashmir. Under UN SC Resolution S/726 of 21 April 1948 Indian forces in Kashmir are subject to the following three principles:

(i)That the presence of troops should not afford any intimidation or appearance of intimidation to the inhabitants of the State

(ii)That as small a number as possible should be retained in forward areas

(iii)That any reserve of troops which may be included in the total strength should be located within their present base area.

Sheikh Mohammad Abdullah addressing the same UN SC meeting made an important point and every Indian and Pakistani should stop to examine the substantive merits of this point. He stated that "It is said that Sheikh Abdullah is a friend of Pandit Jawaharlal Nehru. Yes, I admit that. I feel honoured that such a great man claims me as his friend. And he happens to belong to my own country; he is also a Kashmiri and blood is thicker than water. If Jawaharlal gives me that honour, I cannot help it. He is my friend. But that does not mean that, because of his friendship, I am going to betray the millions of my people who have suffered along with me for the last seventeen years and sacrifice the interests of my country. I am not a man of that calibre."

Indian army chief has to be fully knowledgeable to look beyond the duties of his troops to respect human rights, uphold law and honour the secular and apolitical ethos of the Indian Army. These other duties are clearly stipulated by the Governor General of India in the purpose of sending Indian troops to Kashmir, their role is fully explained by the Prime Minister of India, explained and defended by Sheikh Abdullah at the UN Security Council and finally inscribed in the UN Security Council Resolution of 21 April 1948.

In fact Indian troops have a significant role to play to support peace in Kashmir and in promoting the process during which the people of the State are able to exercise the freedom of their choice. Indian army would not be able to discharge its higher and defined burden of responsibilities, if it is not educated in the jurisprudence of the Kashmir dispute, distribution of the people, three administrations, State Subject rule and the full volume of other described roles. General Singh, his officers and soldiers in Kashmir need to know that even Noel Baker United Kingdom representative to the UN Security Council during the same meeting observed that "One of my friends wrote a book in which he said that Kashmir was so lovely a

Country that no lifetime was long enough to absorb the wonder of it."

If for Noel Baker and his friend, 'no lifetime was long enough to absorb the wonder of Kashmir', how would it be possible for General Singh to absorb the wonder of Kashmir in two days and educate in one interaction his troops to discharge the full and higher discipline of duties that the Indian army has taken upon to discharge in Jammu and Kashmir. He needs to take urgent, continued and exceptional steps to be able to serve on these two counts. General needs to spend more time for absorbing the wonder of Kashmir and for educating his troops.

Author is London based Secretary General of JKCHR – NGO in Special Consultative Status with the United Nations. He can be mailed atdr-nazirgilani@jkchr.com

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